Understanding the Statute of Limitations for Sexual Assault Cases

For survivors of sexual assault, seeking justice through the legal system can be a difficult and emotional process. In Colorado, victims have the right to file civil lawsuits against their perpetrators or other responsible parties, but strict time limits apply. These time limits, known as the statute of limitations, determine how long a survivor has to take legal action.

Over the years, Colorado has made significant changes to its laws to expand legal options for survivors. If you or a loved one is considering filing a lawsuit, understanding the most up-to-date statutes of limitations is crucial.

What Is the Statute of Limitations for Sexual Assault Lawsuits in Colorado?

In Colorado, the statute of limitations for filing a civil lawsuit related to sexual assault depends on several factors, including the age of the survivor at the time of the assault and when the crime was discovered. Here’s a breakdown of the key time limits:

• For adult survivors (18 and older): As of 2021, Colorado removed the civil statute of limitations for sexual assault claims. This means that adult survivors can now file a lawsuit against their attacker at any time, regardless of how many years have passed since the assault.
• For child survivors (under 18 at the time of assault): In 2021, Colorado also passed a law eliminating the statute of limitations for survivors of child sexual abuse, allowing them to file a lawsuit at any point in their lifetime.
• For cases involving third-party liability: Survivors may also have a claim against institutions or organizations that failed to protect them, such as schools, religious institutions, or employers. The statute of limitations for these claims varies, but in many cases, survivors have six years from the date of discovery to file.

What If the Assault Happened Years Ago?

Before Colorado changed its laws, many survivors faced legal barriers due to expired statutes of limitations. With the removal of these deadlines, survivors of sexual assault—regardless of how long ago the crime occurred—can pursue legal action.

However, while there is no longer a statute of limitations for civil lawsuits against individual perpetrators, survivors pursuing claims against third parties must still act within specific timeframes. For example, if a survivor wants to sue a business, employer, or other institution for negligence, they typically have six years from the time they discovered the harm to file a lawsuit.

Does the Statute of Limitations Affect Criminal Charges?

It’s important to distinguish between civil lawsuits and criminal cases. A civil lawsuit allows a survivor to seek financial compensation from the perpetrator or a responsible party. A criminal case, on the other hand, is prosecuted by the state and can lead to jail time or other criminal penalties.

For many years, Colorado had a statute of limitations for prosecuting sexual assault as a crime. However, under current law, there is no statute of limitations for felony sexual assault, meaning prosecutors can bring criminal charges against an offender at any time. Misdemeanor sexual offenses, however, may still have deadlines for prosecution.

Why Should Survivors Act Sooner Rather Than Later?

Even though Colorado has lifted the statute of limitations for civil sexual assault lawsuits, it is still in a survivor’s best interest to take action as soon as possible. Delaying legal action can present challenges, such as:

• Loss of evidence: Over time, crucial evidence such as surveillance footage, medical records, and witness statements may become harder to obtain.
• Memory fading: Witnesses and survivors may have difficulty recalling important details as time passes.
• Defendant’s ability to defend themselves: If a case is filed many years after the assault, the defense may argue that evidence has deteriorated, making it more difficult to prove liability.

Taking legal action sooner also helps survivors access financial compensation that can cover medical expenses, therapy, lost wages, and emotional distress.

Who Can Be Held Liable in a Civil Sexual Assault Lawsuit?

In civil cases, survivors can file lawsuits against multiple parties who may be responsible for the harm they suffered. This can include:

• The perpetrator: The individual who committed the assault can be sued directly for damages.
• Employers and institutions: Businesses, schools, religious organizations, and other institutions may be liable if they failed to prevent or properly respond to sexual misconduct.
• Property owners: If the assault occurred on someone else’s property, the owner might be held responsible under premises liability laws.

Each case is unique, and an experienced attorney can help survivors determine who may be legally responsible.

How Can an Attorney Help?

Pursuing a sexual assault lawsuit is a complex and emotional process. A skilled attorney can guide survivors through every step, from gathering evidence to negotiating settlements. Here are a few ways an attorney can help:

• Legal strategy: Attorneys can analyze the details of a case and determine the best approach for seeking justice.
• Negotiation: Many civil sexual assault cases are resolved through settlements. A lawyer can negotiate for maximum compensation.
• Emotional support: The legal process can be overwhelming, but having an advocate on your side can provide reassurance and strength.

Call Bell & Pollock and Take Action Today

Colorado has taken significant steps to improve legal protections for survivors of sexual assault. If you or a loved one has experienced sexual violence, you deserve justice. With no statute of limitations for civil claims against perpetrators, you have the power to file a lawsuit no matter when the assault occurred.

At Bell & Pollock, we are committed to helping survivors hold perpetrators and negligent institutions accountable. Our sexual assault attorneys understand the sensitivity of these cases and will fight to secure the compensation and justice you deserve.

If you are considering legal action, we encourage you to speak with our compassionate legal team. Contact us today for a confidential consultation.